기업과 영업

• 영문명: Enterprise and Business
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 이영종(Young-Jong Yi)
• 간행물 정보: 『비교사법』比較私法 제15권 제4호, 249~298쪽, 전체 50쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.12.30

영문 초록

The question of terminology is supposed to play an important role in the academic world. For this world is composed of many terms and their diverse concepts. Therefore scholars are very often compelled to face the difficult works of defining terms used by them. The Legal scholars in charge of commercial law field can not be exceptions, so they are burdened at least with such works of defining two important basic terms: 'enterprise' and 'business'. These are the most important terms in the commercial law field, as the expression commercial law as enterprise law clearly shows. The term 'enterprise' decides on the area of the commercial law and the tern 'business' actually decides on the area, to which the Korean Commercial Code should be applied. Therefore those terms play crucial roles in the identification of commercial law and the application of the Korean Commercial Code respectively. This question of identification is related with the academic fields of economics and business administration as the background of the commercial law, because the term 'enterprise' originates from these background fields. This article is designed to clarify the concepts of business and enterprise in the commercial law field and neighbouring fields like civil law, constitutional law and those background fields, in order to eventually get some help from them. According to the understanding of commercial law academics, the two terms share some conceptual elements like pursuing self-interest, continuity, organization or economic unit, even though they themselves are not qualified as legal entities. However, the concept of enterprise in economics and business administration fields is larger than in the commercial law field.

목차

Ⅰ. 프롤로그

Ⅱ. 상법과 상법학에서의 ‘영업’과 ‘기업’에 대한 이해

Ⅲ. 관련분야에서의 ‘영업’과 ‘기업’에 대한 이해

Ⅳ. 비교검토, 종합 그리고 관련문제

Ⅴ. 에필로그

【참고문헌】

[Abstract]

키워드

영업 기업 기업법 영리성 계속성 조직성 경제단위 계획성 권리주체성 Business Enterprise Enterprise Law Pursuing Self-interest Continuity Organization Economic Unit Planing Legal Entity